Mexico weekly ledger., 1887-03-03
has been ended upon this matter since
the opinion of the Supreme Court of
Mo. in State VI. Heckler.

Ia tJiutS W. AASSA'SA i
81 Mo r, p. 4la, was rend cred
Thi( point is illustrated IN one of
he cases shown by the record exam
ned. One of the cases against Hall
or selling liquor as a druggist was
.ried by a jury and a verdict OF gull
" found and the fine assessed at S404i
i a conviction by a jury be good, a
plea of guilty viii certainly be good.
As to the third, the Bedell cas we
find was tried a. the January term a
few days before Mr.. Robertson was
Prosecuting Attorney, and
the motion for new trial Immediately
filed. The motion was continued to
June term under an agreement OF
counsel to submit the point involved
on briefs. No briefs yer presented,
and as the motion was not docketed
at the June term it naturally escaped
the attention of the Judge.
We do not conceive that section
FIVE hundred and eighteen of the
Revlseded Statutes eff the prescott
ing attorney or assistant p%rosecut-
ing attorney, be interested, or shall
have been employed as counsel in any
case in which it shall be his duty to
prosecute or defend, the court hav-
ing criminal jurisdiction may appoint
some other person to prosecute or de-
fend the cause, ''either In its letter or
spirit required Mr.. Robertson to call
the attention of the court to the mo-
ton. The law simply prohibits the
prosecuting attorney from acting for
the State in any case where he had
represented the defendant, and i'm
poses no duties upon him whatsoever
in reference to the appointment OF
special counsel, The record no where
shows that Mr.. Robertson ever took
any action in the Bedell case while
be was prosecuting attorney.
1t is useless for rs tc
suggest how easily a case
may be overlooked by the
court. The court usually depends
upon counsel to call his attention te
cases and it is seldom a case is I'M
represented by any one desiring it:
prosecution. A suggestion by the
part of Robertson to have counse
appointed to represent the State, il
this case would in u opinion have
been contrary to his professional OBJ
legations to his client and enough tt
have created a suspicion as to his mo
tives.
AS to the fourth, we are unable tt
see why the report of the grand jur,
makes prominent the fact that Geo
Robertson as prosecuting attorne,
collected a portion of the fine o
Moberly. 1t vas unquestionabl.
his duty to do so and the books o
the treasurer show that the amour
collected was paid to the treasurer.
AS to the fifth, was tn
court and prosecuting attorne,
justitiable in staying execution
against Hall and Moberly durin,
good behavior.
The statutes nowhere in terms Civ
such power. But the jurisdiction o
the Circuit Court is general ant
governed by common law rules whet
not expressly circumscribed by stat
ute.
The power of the Circuit Cour
over the sentences and judgments
renders in misdemeanors, if exercise,
at the term when said judgement
were rendered, is almost absolute i
the furtherance of justice, when die
lated by good intentions and cleail
equitable consideration, and this, nc
only upon consent of the parties, bu
upon the mere motion Of the court il
self. 1t is the constant practice G
all courts of general jurisdiction owe
such matters to exercise this power b
modifying, ameliorating or maxim;
more rigorous, repreiving Or stayin
their executions, as justice and tn
best good of the public, and defend
ant may demand.
From the days of Lord Coke unit
now. such has been the law. Sc
Coke's Littleton, 261a; Lee VS.. th,
State, 80, O. S. r, PIP. 113 ct seq
Bassett VS.. Russell, 9th Wal. r. Or
1910; Whort. Grim. proceed, p.-1st
Russell ON Crimes, 6 land notes; / CHI
Grim. Law, p. 722. 1t is idle to en-
cumber this report with a larger lis
of authorities.
Thepractice is much more com
mon in the United States Distric
courts than in the State court
though there is no express statut
covering or authorizing the practice
For example, it is the common prac
tice in the District Court at jefferson
City for the Judge, when an illlterat
person is convicted to assess the pun
ishment fixed by the statute and t.
make a further order for the dis
charge Of defendant upon learning t,
read and write. Under such order
members OF persons have been laugh
to read and write.
The object of the criminal law i.
to punish crimes and misdemeanor
rather than raise a revenue or punisI
offenders.
1t is PROFESSIONALLY the duty 0
prosecuting attorneys to protect th